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NCLT Cannot Decide Trademark Title Disputes Dehors Insolvency Process: SC
Case Law Details
- Case Name
- Gloster Limited Vs Gloster Cables Limited & Ors. (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Gloster Limited Vs Gloster Cables Limited & Ors. (Supreme Court of India)
Supreme Court: NCLT Cannot Decide Trademark Title Disputes Dehors Insolvency Process — ‘Gloster’ Trademark Not Automatically Vested in SRA
The Supreme Court held that the NCLT exceeded its jurisdiction in declaring that the trademark “Gloster” belonged to the Corporate Debtor (FGIL) and consequently to the Successful Resolution Applicant (Gloster Limited). While affirming that NCLT has jurisdiction under Section 60(5)(c) of the IBC to decide issues arising out of or in relation to insolvenc...
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